It's not that pesky gay marriage problem that's the Supreme
Court's biggest issue this term. It's who the next appointee will
be.

After all, Justice Ruth Bader Ginsburg is getting up there in
years and if President Barack Obama is re-elected, she might
consider retiring so Obama can choose the next justice.

And, according to Stephen Colbert, Obama will probably
appoint "a gay polar bear" if any of the current justices resign.

But, only if that polar bear "votes liberally," according to
CNN's legal analyst Jeffrey Toobin, who recently appeared on
Colbert's show.

Above The Law first posted the pair's tête-à-tête, in which Toobin theorized Chief Justice
John Roberts shocked the country and
upheld Obamacare because he didn't want his court to get up in
the "maelstrom of politics."